Common Questions About Criminal Inadmissibility
Criminal inadmissibility is a serious matter that can lead to a departure order, exclusion order, or deportation. However, sometimes there are ways to avoid it if the necessary action is taken in time.
To avoid facing a departure order or worse, Springwind Immigration Consulting Service Inc. has put together a guide to answer common questions about criminal inadmissibility. By following the advice given below, we are sure that you will receive clarity on this sensitive subject.
1. Am I inadmissible if I’ve been charged, discharged, or pardoned?
For charges withdrawn or dismissed:
a. If the offense occurred in Canada, you are not inadmissible.
b. If the offense occurred outside Canada, you might be inadmissible.
For an absolute or conditional discharge:
a. If the offense occurred in Canada, you are not inadmissible.
b. If the offense occurred outside Canada, you might be inadmissible.
Pardon granted:
a. If the offense occurred in Canada, you are not inadmissible if you got pardoned under the Criminal Records Act in Canada.
b. If the offense occurred outside Canada, you might be inadmissible.
2. What should I do if immigration states that my offense that occurred outside of Canada “may be inadmissible”?
If you “may be inadmissible,” you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings. It will allow the officer to determine whether or not you are inadmissible to Canada.
But, before handing all these materials to the IRCC officer, it’s better to consult with an experienced immigration consultant or lawyer to discuss the issue. A professional will guide you on what documents you should present to the officer to demonstrate your admissibility.
How can I remove the grounds of inadmissibility?
You should apply for rehabilitation to remove the grounds of your criminal inadmissibility. Rehabilitation means that you lead a stable lifestyle and are unlikely to be involved in any further illegal activity.
You are eligible to apply for rehabilitation if you have:
a. committed an act outside of Canada, and five (5) years have elapsed since the act
b. been convicted outside of Canada, and five (5) years have passed since the end of the sentence imposed.
That said, you should always consult an immigration consultant or lawyer for this type of application.
We hope the above advice helped you move forward. If you require assistance with criminal inadmissibility or any other immigration matter, get in contact with us today.
At Springwind Immigration Consulting Service Inc., we are an immigration firm that helps prospective international students and immigrants realize their dream of coming to Canada to study, work, live and settle.
We strive to provide the best services with professionalism, efficiency, reliance, and responsiveness.
Our services include skilled worker immigration, business immigration or investors, work visa, student immigration, family immigration, refugee protection claim, inadmissibility, citizenship, and other services. We serve clients across Scarborough, North York, Richmond, Markham, and across Canada and the world.
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